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Home My WebLink AboutCity Council Committees - Public Works/Planning - 05/17/2004 i I Pubic Works Committee Agenda ® Councilmembers: Ron Harmon#Debbie Rap(ee#Bruce White, Chair KENT May 17, 2004 WASHINGTON 5:00 P.M. Item Description Action Speaker Time Page 1. Approval of minutes dated April 19, 2004 Yes None 5 1 2. S. 228d'Street Extension—Freight Mobility Strategic Investment Board (FMSIB)Grant-Authorize Yes Wickstrom 5 3 3. S. 228d'Street Extension—Public Works Trust Fund Loan—Authorize Yes Wickstrom 5 7 4. Soos Creek Water& Sewer Interlocal Agreement Re: Meridian Valley Creels Realignment-Authorize Yes Wickstrom 5 25 5. Millennium Elementary School Latecomers Agreement—Authorize Yes Wickstrom 5 47 i 6. Cable Television Conduits—Street Crossing Yes Wickstrom/Brubaker 5 57 & Mainline Distribution Conduits Ordinance-Adopt Unless otherwise noted,the Public Works Committee meets at 5:00 p.m. on the I"&3`d Mondays of each month. Council Chambers East,Kent City Hall,220 411 Avenue South,Kent, 98032-5895. For information please contact Public Works Administration(253)856-5500. I Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. j For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. I P:\Public',Administradw supportVunet\Public Works Conumftce MeeKngs\PW Agenda's\040517.doc i PUBLIC WORKS COMMITTEE MINUTES April19, 2004 COMMITTEE MEMBERS PRESENT: Chair Bruce White, Ron Harmon, Debbie Raplee The meeting was called to order by Committee Chair Bruce White at 5:03 P.M. Approval of Minutes of April 5, 2004 Committee Member Ron Harmon moved to approve the minutes of April 5, 2004. The motion was seconded by Committee member Debbie Raplee and passed 3-0. Street Vacation— 145th Place SE— Set Hearing Date Don Wickstrom said a valid petition to vacate a portion of 145`h Place SE was received. In accordance with state law, a public hearing must be held. Debbie Raplee moved to recommend Council adopt a resolution setting a public hearing date of June 15, 2004 for the Street Vacation located along a portion of 145th Place SE. The motion was seconded by Ron Harmon and passed 3-0. 228th Street Property Acquisition -Approve Don Wickstrom said to complete the S 228 Street Extension Kent requires property located north of the Kent-Highlands Landfill. The property is owned by the City of Seattle. Public Works is asking the Council to approve the purchase, quit Claim City of Kent property to City of Seattle and amend the 1977 Transport of Leachate Agreement. Tim LaPorte, Design Engineering Manager explained the agreement showing a map of the area. Ron Harmon moved to recommend the Council approve purchase of the City of Seattle Property, Quit Claim City of Kent property located within the Kent- Highlands Landfill to the City of Seattle and amend 1977 Transport of Leachate Agreement. Authorize Mayor White to complete the property transaction. The motion was seconded by Debbie Raplee and passed 3-0. i 272"d Corridor Interceptor Sewer—Charge in Lieu of Assessment-Authorize Don Wickstrom explained the history of the 272" Corridor Interceptor. The City spent $131,977 associated with Metro's 272d Corridor interceptor sewer enabling it to be used to service surrounding area. It can now be used to service approximately 284 acres. The Public Works Department is requesting a charge of lieu of assessment of$572.87 per acre be established and the previous charge in lieu of assessment be relinquished. Debbie Raplee moved to recommend to council that the charge in lieu of assessment reflected in Attachment "A"be repealed and that the charge in lieu of assessment reflected in Attachment `B"be authorized. The motion was seconded by Ron Harmon and passed 3-0. 2 Autumn Glen Sanitary Sewer Latecomer Reimbursement Agreement Public Works Director Don Wickstrom said the latecomers agreement for the extension of the City's sanitary sewer main in the vicinity of SE 272nd Street between 104th Avenue SE and 108th Avenue SE will be only for the cost associated with the extra depth of the sanitary sewer extension. Ron Harmon moved to recommend Council authorize the Public Works Director to execute a Sanitary Sewer Latecomer Agreement with the Bennett Sherman, LLC for the Autumn Glen Sanitary Sewer Extension. The motion was seconded by Debbie Raplee and passed 3-0. The meeting adjourned at 5:25 P.M. Janet Perschck Administrative Assistant I PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director 40 Phone:253-856-5500 ®{ Fax: 253-856-6500 1 ZlcE • �T Address: 220 Fourth Avenue S. WASHINGTON Kent,WA.98032-5895 � I DATE: May 11, 2004 TO: Publ �rks Committee FROM: Don Strom,Public Works Director SUBJECT: S. 228th Street Extension—FMSIB Grant MOTION: Recommend that the Council authorize the Mayor to execute an agreement with the Washington State Department of Transportation Highways and Local Programs office to accept $2,000,000 from the Freight Mobility Strategic Investment Board (FMSIB), to establish a budget for these monies within the S. 228th St project fund and to authorize spending it accordingly. SUMMARY: The City of Kent has been awarded a $2-million grant for construction of the S. 228th Street Extension. This money was included in the State Legislature's supplemental budget and has been awarded through FMSIB. The S. 228th Street Extension and Grade Separation project has been on the FMSIB list of projects since 2000. The agreement would provide $2-million towards completion of the S. 228th Street Extension. Combining this money with an existing Transportation Improvement Board (TIB) grant, a Public Works Trust Fund loan, and LID 353 monies, the S. 228th Street Extension would be fully funded. Construction of the first phases of the project began in March 2004. Construction will continue through December 2006. BUDGET IMPACT: Accepting this grant would offset $2,000,000 in city money needed to finance this project. BACKGROUND: The Public Works Department submitted an application for funding with FMSIB in 2000. The S. 228th Street Extension and Grade Separation packet scored 2nd highest in Washington; however, due to budget cutbacks FMSIB has had virtually no money to dispense. During the last three years, the Public Works Department, Mayor's Office, and the City's lobbyist have been working with our state legislative delegates to secure funding for this project. At the end of the last legislative session, this $2-million grant was included in the supplemental transportation budget and is now available to Kent. The money will be administered by the Washington State Department of Transportation's Highways and Local Programs section. Mayor White and Kent City Council 1 Washington State Department of Transportation Organization and Address Highways and Local Programs. City of Kent- PublicWorks FMSIB Funding Agreement 220 4th Avenue S. Work by Public and Private Non-Profit Kent, WA 98006 Agencies-Actual Cost Agreement Number Maximum Amount Authorized Location and Description of Work(See also Exhibit"A") $2,000,000.00 S. 228th Street Extension and Grade Separation Phase I -2004 Grade and Fill Project Participating Percentage Project Number Remaining Phase I projects and Phase II projects to 12% (Max) 35 be completed at later ddf6., This AGREEMENT, made and entered into this day of =.;r between the STATE OF WASHINGTON, Department of Transportation, acting by and t(irough t e Secretary of Transportation, hereinafter called the"STATE,"and the above named organization,hereinafter celled th@,"AGENCY ,, WHEREAS, the AGENCY is planning the work shown above, and in connectlon'iherewith,the AGENd f fs requested financial assistance from the Freight Mobility Strategic Investment Board (FMSIB)for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown prole o -program�'a0d WHEREAS,the FMSIB has determined that the AGENCY's project or program is eligible for assistance if and when funds become available, and A j WHEREAS,the parties desire to set forth the terms that will govern the distribution and:use of funds if and when the AGENCY's project or program is selected for funding. NOW THEREFORE, in consideration of the terms, conditions gdvenajiSs,,and performances contained herein, or attached and incorporated and made apart hereof, IT IS MUTUALLY AGREp AS FOLLOW$: 4 Estimate of Funding Type of Work (2) (3) f Total Project Funds Agency Funds FMSIB Funds PE a.Agency Work 4,685,000.00I 4,685,000.00 0.00 b. Other 2,500,000.00 2,500,000.00-0.00 0.00 c. State Services �� 0.00 0.00' 0.00 d.Total PE Cod#Estimate (e+p+c) 7,185,000.00 7,185,000.00 0.00 Right of Way Agency Work � 2,650,000.00 2,162,000.00 488,000.00 � f Ocher Appratsora Attorneys, 6tc. 100,000.00 88,000.00 12,000.00 gMateServices ' 0.00 0,00 0.00 h. Total tilVy Cost Estim61s(e+f+g) 2,750,000.00 2,250,000.00 576,000.00 Construction i. Contrail ` 53,865,000.00 46,785,000.00 7,080,000.00 j. Other Ufilby`7Zelocation 1,000,000.00 880,000.00 120,000.00 k. Other 0.00 0,00 0.00 i I. Other 0.00 0.00 0.00 - m. Total Contract Costs(i+j+k+I) 54,865,000.00 47,665,000.00 7,200,000.00 Construction Engineering n.Agency Work 4,700,000.00 4,200,000.00 500,000.00 o. Other Contracted Inspection 2,500,000.00 2,200,000.00 300,000.00 p. State Forces 0.00 0.00 0.00 q. Total Construction Engineering (n+o+p) 7,200,000.00 6,400,000.00 800,000.00 r. Total Construction Cost Estimate(m+q) 62 065,000.00 54 065 000.00 8,000,000.00 s.Total Project Cost Estimate(d+h+r) 72,000,000.00 63,500,000.00 8,576,000.00 DOT Form 140-088 EF 212000 IV General Legal Relations The AGENCY, agrees to perform the above Described Work, in No liability shall attach to the AGENCY or the STATE by reason of accordance with the Project Prospectus attached hereto as "Exhibit A" entering into this AGREEMENT except as expressly provided herein. and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the - V - AGENCY in accordance with the current State of Washington Standard Nondiscrimination - .Specifications for Road, Bridge,and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate The AGENCY agrees to comply with all STATE and Federal laws, rules, the plans and specifications into the AGENCY's project and thereafter and regulations pertaining to nondiscrimination and agrees to require the advertise the resulting project for bid and,assuming bids are received and same of all subcontractors providing services or performing any work a contract is awarded,administer the contract,or if the project is of a size using funds provided under this AGREEMENT. which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington the AGENCY may proceed with its own VI forces. Venue All work performed under this AGREEMENT shall comply with the - applicable provisions of State and Federal Law. For the convenience, the parties to this AGREEMENT, it is agreed that any claims and/or pAuse's of action which the AGENCY has against the II STATE, growing.o6i of thia'AGFtEEMENT or the project or program with Payment which it is concerned, shall ba'brought only in the Superior Court for The STATE, in consideration of the faithful performance of the work to be Thurston County ,'�,� •. performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown ' above, up to the"MAXIMUM AMOUNT AUTHORIZED". Terminatloi Partial payments shall be made by the STATE, upon request of the 'The;Secretary of the:,Department of Transportation may terminate this AGENCY, to cover costs incurred. These payments are not to be more AGREEMENT,if;'the funding becomes unavailable or if the Secretary frequent than one (1) per month. It is agreed that any such partial determines thatit is in the best interest of the STATE. payment will not constitute agreement as to the appropriateness of any .� item and that, at the time of the final audit, all required adjustments will be Vill made and reflected in a final payment. ` s Flnal'Report and Final Inspection The AGENCY agrees to submit a final bill to the STATE within to five t, w (45)days after the AGENCY has completed work. Within ninety (90) days following the completion of the project and submisslonof.the,final billing for the project, a final report and/or Anal The AGENCY agrees that all costs in excess of the amount authorize inspection shall be submitted to the Assistant Secretary for TransAid and.the AGENCY's matching funds shall be the responsibility of the ,i`containing the following information: AGENCY. Non-Capital Projects Audit - A description of the project or program. The AGENCY agrees that an audit maybe wnducted by the STATE i During the progress of the work and for a period tlgt less than'three (3) 2 A summary of actual costs of the project or program. ! years from the date of final payment to the AG'♦:NCY the'records and=- accounts pertaining to the wo and'agscountin thereof,are to be ke t 3. as evaluation transportation the project n program. This should address p 9 `, g P aspects such as transportation and/or other benefits to the public. available for inspection and..audit by the STATE and a.,of all records, accounts, documents, or other data pedal III to the' ro)e ctI Will be t1. Capital Protects furnished upon request off any litigation,claims ar`�udit is commenced,the records and accounts,along with supporting documentatron shall be 1. A final inspection is required. retained until all hfigat'ion;aolaim, or audit finding has been",resolved even though such litigation, cla(ipaor audit continyeg past the three-year retention period. The execution of this Agreement Isrot a commitment of funding by the FMSIB. This agreement will become operative only at such time that(1)the FMSIB determines;i3Ota sole discretion, that adequate funds are available and not required for other projects or programs to provide the assistance?,hequested by the AGENCY in connection with this Agreement, and(2)notifies the AGENCY in writing that funding is available to make the agreement operative. IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY STATE By: By: Assistant Secretary for Highways and Local Programs Title: Mayor, City of Kent Date: Date: DOT Form 140-088 EF 212000 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone: 253-856-5500 ®U Fax: 253-856-6500 K�• T Address: 220 Fourth Avenue S. WA5HINGTON III Kent,WA.98032-5895 DATE: May 11,2004 TO: Pu orks Committee FROM: Do i strom,Public Works Director SUBJECT: S. 228th Street Extension—Public Works Trust Fund Loan MOTION: Recommend that the Council authorize the Mayor to execute the Pubic Works Trust Fund Loan Agreement accepting $10,000,000 for construction of the S. 228th Street Extension, and direct the Public Works Department to establish a budget for the loan monies, spend the money accordingly and set the 20-year repayment schedule beginning July 1, 2005. 1 SUMMARY: The City of Kent has been awarded a$10-million loan for construction of the S. 228th Street Extension. The application for this loan was submitted in May 2003 and the project was selected from among a statewide list of competitors in August 2003. Loan monies became available after the Washington State Legislature and Governor Locke accepted the list of project in March. The contract is ready for Mayor White's signature. The loan would provide $10-million towards completion of the S. 228th Street Extension. Combining this money with Transportation Improvement Board(TIB), Freight Mobility Strategic Investment Board (FMSIB), and LID 353 monies, the S. 228th Street Extension would be fully funded. The loan has a 20-year term and the interest rate is set at 0.5%per year. The first loan payment would be due July 1, 2005. I BUDGET IMPACT: Accepting this loan would offset councilmatic bond money originally anticipated to be needed for this project. Repayment of the loan would be budgeted over the next 20 years. BACKGROUND: Originally, it was anticipated that funding of the City's share of this project would be via a$5.8-million councilmatic bond, issued in 2005. The annual debt service for the bonds would be approximately$520,000 for 20 years . When coupled with our$1,000,000 Public Works Trust Fund Pre-Construction Loan (previously accepted by the Council in August 2003), the project would have $11,000,000 available with an annual debt service of about $580,000 for 20 years. Monies for the debt have been earmarked respectively within both the Street Capital Improvement fund(approximately $500,000) and the Drainage Capital Improvement fund (approximately$80,000). Accepting this loan would provide adequate funds for the S. 228th Street Extension along with the possibility of redirecting some city monies Mayor White and Kent City Council 1 - 1 within the project fund to other projects, such as the S. 228th Street BNSF Grade Separation project, or the S. 272nd Street Extension(116th Ave S/256th Street to Kent Kangley Road) project. II I i Mayor White and Kent City Council 2 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-04-691-036 CITY OF KENT PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral, shall be deemed a part thereof. This contract consists of ten pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT 11: A'fTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below, PUBLIC WORKS BOARD LOCAL GOVERNMENT John LaRocque,Executive Director Signature Public Works Board Print Name Date Title APPROVED AS TO FORM ONLY Date This 17"'Day of March, 2003 Christine O.Gregoire 6001,zsy Attorney General Federal Taxpayer Identification Number By: Signature on File Jeanne A.Cushman Assistant Attorney General Page 1 2004 PWTF Construction Loan Agreement Ili PART H: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the `BOARD"), a department of the state of Washington, and CITY OF KENT (referred to as the"LOCAL GOVERNMENT"). Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERN-MENT to receive a Public Works'Trust Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project that furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. . PART rV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $10,000,000.00. The interest rate shall be one-half percent (1/2%) per ammin on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1,2024. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than fifteen percent (15"%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both: In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT 1: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO RFIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF TIIIS LOAN AGREEMENT, Page 2 - - 2004 PWTF Construction Loan Agreement 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection and loan repayment. If fiends are not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed. Therefore, subject to the availability of funds,warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed eighty five percent (85%) of the eligible actual project costs. The disbursement.of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty(30) days of the formal execution of this agreement,a sum not to exceed twenty percent(20n/o) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed, which follows the formal award of a construction contract,or contract for engineering services, a sum not to exceed twenty five percent(25%)of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. j When the LOCAL GOVERNMENT certifies that 35% of the Public Works Trust Fund loan amoutrt has j been spent, a sum not to exceed twenty five percent(25%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. When the LOCAL GOVERNMENT certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed twenty five percent(25%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty five percent(85%) of the eligible project costs or the total of$10,060,000.00 whichever is less. The Close-out Report shall serve as a contract AMENDMENT for determining the final loan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of eighty five percent (851/o) of eligible costs, all funds in excess of eighty five percent (85%) shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within thirty(30)days of submission of the Close-out Report. Page 3 2004 PWTF Construction Loan Agreement 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Pund loan. 2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates,if there is an overrun of project costs. The LOCAL GOVERNMENT shall establish procedures to ensure that all,monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than forty-eight(48)months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repaymert The first loan repayment under this agreement is due July 1, 2005, and subsequent installments are due on July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of interest only at the rate of one-half percent (1/2%) per annum, calculated on a 360-day year of twelve 30-day months,applied to funds received. Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. i The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the principal amount normally due on an annual basis. I ii I i I Page 4 2004 PWTF Construction Loan Agreement i The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Community, Trade and Economic Development,or its successor,and sent to: Department of Community,Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O.Box 48300 Olympia,Washington 98504-8300 4.07 Repayment Account The LOCAL GOVERNMENT shall repay the loan according to the option designated in Section 4.09 Loan Security.The name of the fund,account,or sub-account shall be 1 f 10 S 100 — 57rEE-i' FUND 4.08 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 4.06 of tlris agreement. A payment not received within thirty(30)days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent(12%)per armum calculated on a 360-day year for the delinquent amount. The same penalty terms shall apply to delinquent repayment of fiords paid in excess of eligible costs as provided for in Section 4.03. The LOCAL GOVERNMENT acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the LOCAL GOVERNMENT of such delinquency including,without limitation, the state government and the United States of America or its agencies,credit rating agencies,and the municipal finance market. The LOCAL GOVERNMENT shall pay the costs ana reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. Page 5 2004 PWTF Construction Loan Agreement 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. 1. General Obligation: This loan is a general obligation of the LOCAL GOV ERNMENT. OR 2. Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/stoma sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer,and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having, a lien on that net revenue. As used here, `het revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement: Please choose and initial one of the following utility systems: Water Sanitary Sewer(Wastewater) I Stornawater i Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste i OR i 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement j District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is i Nothing in this section shall absolve,the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under . this agreement. I Page 6 2004 PWTF Construction Loan Agreement !i III 4.10 Recordkeepinu and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the right to examine, copy,excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons,firms,or organizations with which the LOCAL GOVERNMENT may contract,involving transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a period of six years from the date of project close-out. If any litigation, claim or audit is started before the expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall finnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports,the Close-Out Report,and any other matters covered by this agreement. Failure to file periodic reports_ as requested may result in termination of this agreement as per Section 4.14. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims,costs, damages,expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors,or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications,and Waivers Except for an increase in the amount of the loan governed by this agreement,the LOCAL GOVERNMENT may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved m writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement maybe waived unless approved by the BOARD in writing. 4.14 Tennination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. Page 7 2004 PWTF Constractian Loan Agreement i 4.15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT. Nothing in this section shall affect LOCAL GOVERNMENT obligations to repay the unpaid balance of the loan. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with,and the validity and performance hereof shall be governed by,the laws of the state of Washington. Venice of any suit between the parties arising out of this agreement shall he the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law(Chapter 4.84 RCW). i 4.17 Severability j If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD: 1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards. 3. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 4. Provide a date for reporting LOCAL GOVERNMENT conformance with the performance measures identified in ATTACHMENT I: SCOPE OF WORK. Page 8 -2004 PWTF Construction Loan Agreement I , 4.19 Project Close-Out In accordance with Section 4.03 of this agreement,the LOCAL GOVERNMENT will submit,together with the Close-out.Report,a request for a sum not to exceed the final five percent(5%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities. The LOCAL GOVERNMENT shall be responsible to ensure that their contractor(s)are in compliance with the Department of Revenue and the D',,,artmem of Labor&Industries requirements. 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Connnunity, Trade and Economic Development,or its successor,may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Project Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project,the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Nondiscrim nation Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including,but not limited to Chapter 49.60 RCW,Washington's Law Against Discrimination,and 42 U.S.C. 12101 ct seq,the Americans with Disabilities Act(ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part,and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall,however, be given a reasonable time in which to cure this noncompliance. 4.23 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. i The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE: SCOPE OF WORD. I Page 9 - g 2004 PWTF Construction Loan Agt'eemcnt '. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the public Works Trust Fund program. 5.02 WAC 399-30-030(3) i The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3)which identifies eligible costs for projects assisted with Public Works Trust Fund loans. I 5.03 Assignment i Neither this agreement nor any claims arising under this agreement, shall be transferred or assigned by the ' LOCAL GOVERNMENT without prior written consent of the BOARD. I Page 10 2004 PWTF Construe6on Loan Agreement Z/ PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW-04-691-036 KENT SOUTH 228Tx STREET EXTENSION 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): i • Construct approximately 5,300 feet of new, 5-lane minor arterial street between 54th Avenue S. and Military Road, including a new bridge over the Green River. • Improve Military Road to 5-lanes from the new intersection with S. 228th Street to SR-516. • Installation of a noise wall along The Lakes residential area(near 54th Avenue S.). New traffic signal at Military Road/SR 516 • New traffic signal at S. 228th Street/54th Avenue S. • New traffic signal at S. 228th Street/Military Road. • Creation/restoration of 4.65 acres, enhancement of 9.35 acres, and upland/buffer restoration of 3.0 acres of wetland area to offset 1.94 acres of wetland fill New stormwater detention/treatment facilities. 2., Identify the project's performance measures. (Attach additional sheets if necessary.) As a result of this project, the levels of service(LOS) at key intersections near the S.228th Street Extension will improve when the S, 228th Street Extension is opened in 2006. For example, the Meeker StreellKent-Des Moines (SR-516)intersection will improve from LOS F to LOS E. Similarly, the LOS at S. 212th Streef/West Valley Highway will improve from LOS F to LOS E with the new roadway in place. Levels of Service(LOS)are used to describe traffic operations. For the S. 228"Street Extension, LOS were used as one of the primary performance measures to assess the benefits of the project. The following table describes the typical operating characteristics of each LOS. Level of Service Criteria for Signalized Intersections Control Delay Level of Per Vehicle General Description Service (Seconds) (Signalized Intersections) A <10 Free Flow B >10- 20 Stable Flow(slight delays) . C >20-35 Stable Flow(acceptable delays) D >35—55 Approaching unstable flow(tolerable delay, occasionally wait through more than one signal cycle before proceeding) E >55—80 Unstable flow(intolerable delay) F >80 Forced flow Qammed) _ S:\Des1gn\Chad\S.228"Street%Fundmg\PWTF_01-28-04.doc Scope of Work Page 2 p`zr-04-691-036 3. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below,or 20 years,whichever is less. If the local government refers the term of its loam to be less that:either 20 Years or the useful life of the improvements, the preferred loan term should be indicated: years. 4. I, ChadBieren ,licensed engineer, certify that the average expected useful life for the improvements described above is 50 years. Signed: (X/ '91� Date: Telephone: 253-856-5534 I j I i _ I I i S:\Des1gn\Chad\S.228N Street\Funding\PWTF_01-28-04.doc I, Scope of Work Page 3 ` PW-04-691-036 Estimated Pro!ect Costs: Total Costs Engineering $ 2,525,000 Environmental Review $ 460,000 Land/R-O-W Acquisition $ 1,800,000 Public InvolvemenUffiformation $ 25,000 Other Fees $ 3,025,000 Construction $ 17,440,000 Construction Inspection $ 2,000,000 Contingency( 10 %) $ 2,725,000 1. Other(Specify) $ 2.Other(Specify) $ TOTAL ES71MATFD COSTS $ 30,000,000 Anticipated Fund Sources: A. Federal Grants $ 0 State Grants $ 5,003,250 B. Locally Generated Revenue General Funds $ 296,750 Capital Reserves $ -0- Other Fund $ -0 Rates $ -0 Assessments $ 13,700,000 (LID, RID,ULID) Special Levies $ -0 Federal Loan(s)from: (identify all) $ -0- State Loan(s) from: (identify all) PWTF Pre-Construction Loan $ 1,000,000 Other: (identify sources) TOTAL LOCAL REVENUE $ 20,000,000 C. PUBLIC WORKS TRUST FUND LOAN $ 10,000,000 II 8:\Design\Chad\S.228'.h StreetlFunding\PVVTF_01-28-04.doc '.. Scope of Work Page 3 Loan Number PW-04-691-036 - i Calculating Local Percentage: Notes: L (nant funds cannot be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan+Total Local Revenue = Local Percentage $20,000,000 $10,000,000+20,000,000=66%° The local contribution must be at least: Five percent(5%) for a loan interest rate of 2% Ten percent(10%°) for a loan interest rate of 1% Fifteen percent(15%) for a loan interest rate of 0.5% i I I T:\Contractinglbonstruction\Const swpeomordonly.DOT I PUBLIC WORKS TRUST FUND ATTACHMENT II: ATTORNEY'S CERTIFICATION hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and record which are pertinent to the loan agreement,including the application requesting this financial assistance.. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal,state and local funds, to.contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date i I Name Address T:SContractinglCONTRAC'RAttcort.doc i PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director • Phone:253-856-5500 KF_ rt Fax: 253-856-6500 WASHINGTON\1111 Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 DATE: May 1 , 2004 � TO: P orks Committee FROM: 'ckstrom, Public Works Director THROUGH: SUBJECT: Soos Creek Water and Sewer Interlocal Agreement Regarding the Meridian Valley Creek Realignment Project MOTION: Recommend authorizing the Mayor to sign the Interlocal Agreement with Soos Creek Water & Sewer District upon concurrence of the language therein by the City Attorney and the Public Works Director. SUMMARY: An Interlocal Agreement between the City of Kent and Soos Creek Water and Sewer District that will authorize the City of Kent to obtain property from Soos Creek Water and Sewer District in the form of a Quit Claim Deed. The property the City will be obtaining will be used to realign and restore Meridian Valley Creek. The agreement also states responsibilities regarding the relocation of the driveway to the Soos Creek Water and Sewer District property, restoration responsibilities, reinforcement of a slope, scheduling, and abandonment of pipe and utilities for the portion of the property that the City of Kent will be obtaining for the stream restoration project. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND The Meridian Valley Creek Realignment Project is located south of SE 256th Street between 144th Ave SE and 148th Ave SE in Kent. The project will decommission the existing concrete flume on the south side of SE 256`h Street and realign Meridian Valley Creels into a natural stream channel south-southeast of the flume and SE 2561h Street. The Agreement allows the City to take ownership of a portion of the Soos Creek Water and Sewer District property to relocate Meridian Valley Creels onto that property. The new stream channel will continue onto a parcel owned by the City of Kent and then to a parcel owned by King County before entering Big Soos Creek. The total realigned stream will be 1150 feet in length. Mayor White and Kent City Council 1 i INTERLOCAL AGREEMENT REGARDING SODS CREEK WATER& SEWER DISTRICT LIFT STATION 1013 AND CITY OF KENT'S MERIDIAN VALLEY CREEK RESTORATION THIS AGREEMENT is entered into this_day of 2004, by and between the CITY OF KENT, a Washington municipal corporation (hereinafter "City"), and SOOS CREEK WATER AND SEWER DISTRICT, a Washington municipal corporation(hereinafter"Soos Creek"), regarding construction of Soos Creek's lift station 1 OB and the City's relocation of Meridian Valley Creels south of SE 256u Street. L RECITALS WHEREAS, Soos Creels owns real property with King County tax parcel number2722059178(the Property)located in the city of Kent,and Soos Creek has submitted application to the City for construction of a sanitary sewer lift station on the Property; and WHEREAS, adjacent to the Property, housed in a concrete flume, is a portion of Meridian Valley Creek,and the City is in the process of relocating Meridian Valley Creekto a more natural path, which would include relocation onto the Property; and WHEREAS, conflicts have arisen between the relocation of the Meridian Valley Creek and the location of the lift station and its necessary appurtenances; NOW THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: INTERLOCAL AGREEMENT LIFT STATION lOB—Page I (between City of Kent and Soos Creek Water&Sewer District) (May 9, 2004) II. AGREEMENT 1. Relocation of driveway. Soos Creek will relocate the driveway access for the lift station west of the upstream end of the flume so that it will not cross the path of Meridian Valley Creek when it is relocated by the City onto the Property. The City shall be responsible for removing the existing access driveway east of Welland 3 (approximately across from 146h Avenue SE) when it relocates the stream. The City shall also restore any areas disturbed by the removal of the access. 2. Reinforce and Restore slope. The City will extend and realign the outlet of the culvert under SE 2561h Street and orient the uppermost portion of the new Meridian Valley Creek reach so as to minimize the forces that creek flows will exert on the steep slope located adjacent to and north of the proposed lift station driveway on the Property. The City will also pay for the cost of and complete the work necessary as a result of the stream restoration project to reinforce the toe of the steep slope and restore the steep slope and the surrounding area as shown in Exhibit A. The City agrees to maintain the slope and repair any future damage to the slope caused by the relocated stream so that the District's lift station is not impacted by erosion of the slope by the stream. 3. Abandonment of Pipe and Utilities. Soos Creek will be constructing approximately one hundred and thirty eight(138)linear feet of thirty(30)inch PVC pipe,as shown in Exhibit A, that will cross the path of the proposed relocated Meridian Valley Creek. Soos Creek and the City will coordinate for abandonment of any other Soos Creek pipes or utilities that cross the path of the relocated Meridian Valley Creek. The City will be responsible for abandoning said pipes or utilities to District standards or shall reimburse Soos Creek for any costs incurred by the District in abandoning said pipes or utilities. The City will coordinate directly with all other utilities for the abandonment of any other facilities that may be impacted by the relocation of Meridian Valley Creek. Soos Creek will provide the City with copies of the construction record drawings for any District pipes or utilities that cross the path of the relocated Meridian Valley Creek, including any pipes or utilities that have been abandoned by the District. This abandonment agreement excludes the existing twenty-four(24)inch concrete sanitary sewer that traverses the slope north of the proposed new driveway. Soos Creek agrees to execute and have recorded,if necessary,documentation of said abandonment. 4. Property transfer. For mutual benefits derived, Soos Creek has agreed to convey by Quit Claim deed(the"Deed")to the City for two pieces of real property. The first is a strip of land five (5) feet wide on the south side of the existing SE 256,' Street Right of Way to be used by the City for future SE 256a' Street road widening. The location of this property is shown on Exhibit B as Area 1. The second is an area north and east of the proposed driveway and lift station to be used by the City for establishment of a riparian corridor for the proposed relocated Meridian Valley Creek. The location of this property is shown on Exhibit B as Area 2. The legal descriptions for both Area 1 and Area 2 are INTERLOCAL AGREEMENT LIFT STATION 10E—Page 2 (between City of Kent and Soos Creek Water&Sewer District) (May 7,2004) attached to Exhibit B as Attachment 1 and 2. Soos Creek agrees to deliver the Deed within fourteen (14) days of this Agreement being executed. 5. Restoration responsibilities. The City is planning to complete extensive plantings adjacent to the proposed new creek. The area where these plantings are planned is contained within areas that have been identified as"Restoration Area A,""Restoration Area B,"and"Restoration Area C"in the Associated Earth Sciences Report dated March 21,2003 titled: "Wetland and Stream Buffer Impact Assessment, Restoration, and Monitoring Plan"(the"Restoration Report'). These areas are shown on the attached Exhibit C. As the City is planning plantings as part of the stream restoration project, Soos Creek will not be responsible for completing the plantings in Restoration Areas A, B, and C. Soos Creek agrees to stabilize the disturbed soils in Restoration Areas A, B, and C with an appropriate grass seed mix approved by the City following construction of the lift station. The City shall be responsible for monitoring plant growth and replacing any plants as necessary in the restoration areas in order to maintain the established vegetation. 6: Governing Law. If any dispute arises between the City and Soos Creels under any of the provisions of this Agreement,jurisdiction of any resulting litigation shall be filed in King County Superior Court, King County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any claim or lawsuit for damages arising from the parties'performance of this Agreement,the prevailing party shall be entitled to compensation for all legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law. 7. Modification. No waiver,alteration,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Soos Creek. 8. Severability. If any part,paragraph, section or provision of this agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,part or provision of this agreement. 9. Notice. All notices,requests,demands,or other communications provided for in this Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, address as the case may be , to the addresses listed below for each party,or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner. CITY OF KENT SOOS CREEK Attn: Public Works Director Attn: District Manager 220 Fourth Avenue South 14616 S.E. 192nd Street INTERLOCAL AGREEMENT LIFT STATION 10B—Page 3 (between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004) Kent, WA 98403 Renton, WA 98058-1039 10. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming apart of or altering in any manner this Agreement. Tl,e entire agreement between the parties with respect to the subject matter hereunder is contained . in this Agreement and any Exhibits attached hereto. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terns of this Agreement shall prevail. 11. Schedule. The City shall not perform any work related to construction of the stream relocation project in Area 1 as shown in Exhibit D unless the City provides 48-hours written notification to Soos Creek Water and Sewer District.The City shall reimburse Soos Creels for all costs incurred by Soos Creek and/or its contractor as a result of the City authorizing work in Area 1. 12. Hold Harmless. City agrees to protect all Soos Creek facilities from damage during the construction of its stream restoration project. The City shall be solely responsible and shall hold harmless the District for any damage to Soos Creek facilities that result from the actions of the City's contractors, employees, and agents in performance of their duties related to the stream relocation project. IN WITNESS WHEREOF,the undersigned hereby affix their hands and seals. CITY OF KENT SOOS CREEK WATER AND SEWER DISTRICT By: By: Print Name: Jim White Print Name: Ron Speer Its: Mayor Its: District Manaeer Date: Date: INTERLOCAL AGREEMENT LIFT STATION 10B—Page 4 (between City of Kent and Soos Creek Water&Sewer District) (May 7, 2004) i i APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Tom Brubaker Michael M. Hanis Kent City Attorney District Legal Counsel P:\CiviU- LDS\Ope ites\0642Vnterbc .LMStatiomCimaVereion040504.doe i 1 1NTERLOCAL AGREEMENT LIFT STATION 1013—Page 5 (between City of Kent and Soos Creek Water&Sewer Distract) (May 7, 2004) I EXISTING CULVERT PROPOSED 30" PVC PIPE PROPOSED 36" DUCTILE IRON PIPE EXISTING 24" CONCRETE PIPE CURRENT CREEK SE 256 STREET ALIGNMENT (FLUME) _ _ - EXTEND CULVERT, REINFORCE AND •� =JT�i �,`^��\ � " RESTORE SLOPE tsrl AS NECESSARY i� �• o , CITY OF : FOR STREAM KENT '..,.. PROJECT. PROPOSED SODS CREEK LIFT STATION 10B SODS CREEK WATER 'I \� AND SEWER DISTRICT .� SWANSON ` - - 186 LEGEND: PROPOSED NEW RIPARIAN CORRIDOR WETLAND •••--••— PROPOSED NEW CREEK ALIGNMENT € PROPERTY LINE ------—- RIGHT-OF-WAY LINE g DATE. CITY OF KENT R 01 2004 ENGINEERING DEPARTMENT KENT scale 20 EXHIBIT A: LIFT STATION 10B INTERLOCAL AGREEMENT 0 i i 1 AREA 1 SE 256 STREET ---------- - -- - LJ_JI L_J ^oo CITY OF .KENT PROPOSED SOOS CREEK ,/ I _•• ,,.I 176 LIFT STATION 103 AREA 2 l t SODS CREEK WATER AND SEWER DISTRICT .`` SWANSON 1B6 i I LEGEND: =�� AREA 1 C.'__•] AREA 2 WETLAND •••-•••- PROPOSED NEW CREEK ALIGNMENT � I ---- PROPERTY LINE '.. 'g ------ RIGHT-OF-WAY LINE DATE: CITY OF KENT a 01 2004 ENGINEERING DEPARTMENT • SCALE: EXHIBIT B: LIFT STATION 1013 KENT 1"=120' 1NTERLOCAL AGREEMENT 0 ATTACHMENT 1 AREA 1 STORM DRAIN EASEMENT THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY,WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 45.00 FEET OF SAID SUBDIVISION WITH THE WEST LINE OF THE EAST 330.00 FEET OF SAID SUBDIVISION; THENCE N88148'06'W, ALONG SAID SOUTH LINE TO THE. EAST LINE OF THE PLAT OF EASTWIND AS RECORDED IN VOLUME 139 OF PLATS, PAGES 63 TO 65, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTHERLY, ALONG SAID EAST LINE AND ITS NORTHERLY PROLONGATION 5.00 FEET TO THE SOUTH LINE OF THE NORTH 40.00 FEET OF SAID SUBDIVISION; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO THE AFORESAID WEST LINE OF THE EAST 330.00 FEET; THENCE SOUTHERLY, ALONG SAID WEST LINE 5.00 FEET TO THE POINT OF BEGINNING. KN® h 00 .• �, 3A978 L L�e�® �7tPIRM A8 I I 2 00 L/ I ATTACHMENT AREA 2 SE 256T" FLUME INTERLOCAL AGREEMENT THAT POR T 10N OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECT ION; THENCE ALONG THE NORTH LINE OF SAID SECTION N88048'06"W330.00 FEET TO THE WEST LINE OF THE EAST 330.00 FEET OF SAID SUBDIVISION; THENCE S00057'10"W, ALONG SAID WEST LINE, 45.00 FEET TO THE SOUTH LINE OF THE NORTH 45.00 FEET OF SAID SUBDIVISION AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE CONTINUING ALONG SAID WEST LINE S00057'10"W 387.79 FEET; THENCE N74°54'09"W 72.28 FEET; THENCE N44°43'56"W 63.53 FEET; THENCE N49051'37"W 38.96 FEET; THENCE N26042'57"W 49.15 FEET; THENCE N62001'43"W 77.73 FEET; THENCE N35°24'03"W 78.64 FEET; THENCE N60014'06"W 13.71 FEET; THENCE N46°22'37"E 13.85 FEET; THENCE N37055'05"E 22.92 FEET; THENCE N52°04'11"W 92.98 FEET; THENCE N89059'56"W 169.11 FEET; THENCE S00145'10"W 2.50 FEET TO A POINT OF CURVATURE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 99.00 FEET, THE CENTER OF WHICH BEARS N00145'06"E; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 43042'11", AN ARC DISTANCE OF 75.51 FEET; THENCE N45132'43"W 39.07 FEET TO A POINT OF CURVATURE AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 29.00 FEET,THE CENTER OF WHICH BEARS N44027'17"E; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 46044'45", AN ARC DISTANCE OF 23.66 FEET; THENCE N01111'56"E 1.10 FEET TO THE SOUTH LINE OF THE NORTH 45.00 FEET OF SAID SUBDIVISION; THENCE S88°48'06"E ALONG SAID SOUTH LINE, 622.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 107,599, SQ. FT. OR 2.47 ACRES KNOB °.flans �9r•G �'''nn CISTEe;•' �d- I EXPIPM Nov. r� Zak i A fg-1 L 7"Zoo'f Ln a _ N Q J P Q W ❑ m lD ' P Q m V7 to co N it N :D O O I H O O N N_ Q m N r9 3 3 3 3 3 3 3 W W 3 3 3 3 3 3 W W _ HOm (fl nnmmCO l� LLI .-� V) O01 m 0 CD (D QrOII] mLL'] QOO mO rlf7 � Q P NLL7O '. G _ W rPmH N LoPO) II7 m N 0 r+ N 3 dl LL� LL] V IL7 P O N � N 0 LL'] O 0P N mH sy O ❑ O V P 01 (D N Ln O 0 N m O I, Q7 N W. _ O O Q O f Q P N M m 0 P m n W O m P N p (D O O W Z Z Z Z Z Z Z Z Z Z Z M Z Z Z z wCO - ? m U N m -N '- Q r N L9 Ol . f0 r C. 0. 0. ti LL. if. O [D •� O m ¢ h NmOJMNMM mN mm N001 m .-+ N . O m nl0 m Qn I, .� .rN ml m h m N (V U W T (V m P Lo (D r W m O �+ N m .-i P CU Lo l0 - F— ZJ JJJJ J JJ J y U U H W M..orSZ5.O,5 W J W o UJ U1 w W u 07 m co O p7:�G. `u'Yz. :. .� NLL W W co Q < co o 0 � may: .. .•'� J W p U Z m .N W C.) W J 6 . F-. � 3 N Ld cc LLI U7. W .� �. Z LL7 U o Q i N N (V J A, RESTORATION AREA A SE 256 STREET RESTORATION- AREA BZl -------------- IN \ LI_J CITY OF KENT ( PROPOSED 5005 CREEK i RESTORATION' i O LIFT STATION 103 176 n ` \ SOOS CREEK WATER ' \ AND SEWER DISTRICT - SWANSON I .'I LEGEND: PROPOSED NEW RIPARIAN CORRIDOR / RESTORATION AREA WETLAND •••—•••— PROPOSED NEW CREEK ALIGNMENT E I ---- PROPERTY LINE aI S ------ RIGHT—OF—WAY LINE ', DATE: zaoa CITY OF KENT 01 ENGINEERING DEPARTMENT ° SCALE: EXHIBIT C: LIFT STATION 1 DB KbNT L=-12-• INTERLOCAL AGREEMENT 0 I . PIPE EXISTING CULVERT - PROPOSED 30" PVC PROPOSED 36" DUCTILE IRON PIPE P` EXISTING 24' - CONCRETE PIPE SE 256 STREET CURRENT CREEK - _ _ ALIGNMENT (FLUME) EASEMENT 10' SETBACK `\o `^`�.; FROM WETLAND-- �P/�/L AREA 7"\.. ( r1 t - BOUNDARY EXTEND CULVERT, F REINFORCE AND X t j f T�i �� . V { A-.� ` •i RESTORE SLOPE ` r JAS NECESSARY - - - I.�� CITY OF - :FOR STREAM --L-J� EASEMENT :: KENT PROJECT 10' SETBACK\` AEA2 178 PROPOSED SOOS CREEK ..FROM WETLAND �\ ` LIFT STATION 10B BOUNDARY ; \ SODS CREEK WATER AND SEWER DISTRICT ' I SWANSON 186 • . I I r r.' -- LEGEND: Y'- ^__7 PROPOSED EASEMENT AREAS �.— WETLAND —•••— PROPOSED NEW CREEK ALIGNMENT a --- PROPERTY LINE g ------ RIGHT-OF-WAY LINE - a DATE: CITY OF KENT o - - 01 2004 ENGINEERING DEPARTMENT SCALE: EXHIBIT D: LIFT STATION 10B IT =lzo' INTERLOCAL AGREEMENT m 0 PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director ® Phone:253-856-5500 Fax: 253-856-6500 K N 7 w A s H I H O r o Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 DATE: 313 0{1 TO: Mhite and Kent City Council FROM: Do '- lckstrom,Public Works Director THROUGH: SUBJECT: Millenium Elementary School Latecomer Agreement MOTION: Recommend Council authorization for the Public Works Director to execute a Sewer Latecomer Agreement with the Kent School District for, the Millenium Elementary School Sewer Extension SUMMARY: The developer,Kent School District,has requested a sewer latecomer agreement for the extension of the city's sanitary sewer main. Seven properties originally were determined to benefit from the extension, including the elementary school. Two of those properties have since been deemed ineligible for inclusion in the latecomers contract because they were developed and connected to sewer lines before the agreement was prepared. Those two properties are now know as the Cottonwood development. Another parcel paid an estimated latecomers assessment to the city,with an agreement to pay further latecomers fees or to be reimbursed for any overpayment when the final assessment amounts were calculated. The Public Works Director requests authorization to enter into a latecomer agreement with this developer for the remaining three properties. i BUDGET IMPACT:No Unbudgeted Fiscal/Personnel Impact i BACKGROUND: See above Mayor White and Kent City Council Millenium Elementary School Sewer Latecomer Agreement-Authorize March 30,2004 1 AFTER RECORDING RETURN DOCUMENT TO: City of Kent 220 4th Avenue South _ . Kent, Washington 98032 Attn: Property Management _ Reference Number.of Related Document: Grantor(s) : KENT PUBLIC SCHOOL DISTRICT #415 Grantee(s) : CITY OF KENT Abbreviated Legal Description: SIR 282205 TAXLOT 185, 187, & 201- , Additional Legal Description is on Page(s) 2 of Document Assessor Tax Parcel No. : 282205 9185, 282205 9187, 282205 9201 PROJECT NAME: ELEMENTARY SCHOOL #30 SEWER EXTENSION SEWER LATECOMER AGREEMENT This.Agreement made this day of 20 , between the City of Kent, a Municipal. Corporation, hereafter called the "City", and KENT PUBLIC SCHOOL DISTRICT #415 hereafter called the "Owner" . - WHEREAS Owner has constructed at its expense a SANITARY SEWER line, hereafter called "improvements", and; - WHEREAS the parties desire to provide that any,party thereafter tapping, connecting; or benefiting from said improvements will pay a pro-rata cost of said line in accordance with Chapter 35,91 of the revised Code of Washington and the terms thereof. This notice DOES NOT constitute a lien on the properties described herein and is collectable only .when an .application is made to connect or tap into the line herein _ !i described. - NOW, THEREFORE, in consideration of the mutual covenants. . herein contained, the parties agree as follows: 1. The Owner has constructed 1250 L.F. OF 81 SEWER MAIN WITH APPURTENANCES for a total cast of $93,298. 2. The owner does grant and convey the above described improvements to the City free of any liens or encumbrances and the City hereby approves andaccepts said improvements which approval and acceptance was authorized by motion duly seconded and passed at a '..... regular City Council meeting on the 16TH day of MAY.: - 2004.. Page 1 of 3 3. The -above referenced improvements constructed by the Owner is a special benefit to the following described property in King County,. Washington. STR 282205 TAXLOT 185 S 110 FT OF E M OF E % OF E V OF SW i/ 'OF SE V OF SW '/ LESS CO RDS - STR 282205 TAXLOT 187 N 110 FT OF S 300 FT OF E i/x OF OF SW '/ OF SE V OF SW '/ LESS W 30 FT THOF WITHIN , 121" PL SE- STR 282205 TAXLOT 201 N 110 FT OF S 410 FT OF E '/z OF E OF SW V, OF SE Y, OF SW V, LESS CO RD Boundary Map attached. _ i 4. . The Owner constructedthe- above referenced improvements for a total cost of $93,298 of which a portion of this cost shallbe distributed to the above described properties. - li 5. In accordance with Chapter 35.91 of the revised Code of Washington, any party other than the Owner tapping or connecting to said improvements will be. required to pay the Owner on the following basis: REFER TO ATTACHED EXHIBIT "A" 6. The City agrees to bear all further costs of maintaining and operating the above referenced improvements. - 7. After acceptance of said improvements by the City and after the expiration of any period during which said improvements are warranted as to workmanship by the Owner the City shall thereafter be responsible for any and all maintenance and operation costs of said improvements. Said improvements shall be adopted as a- facility of the City and the City may charge such rates as it may be authorized by law to establish. S. The contract will be effective for fifteen years from - 'I the date hereof, and if any owners of any properties Page 2 of 3 'described in.Paragraph 3 above desire to tap into the improvements, the City will require that payment on behalf of the Owner be made in accordance with Section 5 above, prior to any such tap being made. 9. Authorization for this Agreement approved by City. Council on the 16TH day of MAY 2004. i IN WITNESS WHEREOF the parties have caused this', Agreement to be executed on the day and year first above written.' WITNESS _ OWNER(S) ➢ATE DATE MAKE CHECK PAYABLE TO:KENT PUBLIC SCHOOL DISTRICT #415 MAIL CHECK TO: 12033 S.E. 256° ST., BUILDING H KENT, WA 98031-6643 '... WITNESS CITY OF KENT BY: GERALD B, McCAUGHAN DON WICKSTROM, P.E. PROPERTY MANAGER DIRECTOR OF PUBLIC WORKS Page_3 of 3- i it Exhibit A' i #9201 $5,061 #9187 $5,049 School District Site #9185 — $3,681 - j 77 177 tin Ig J% �< — �4 \ \ if I � � Rya R I I r 4 4 - W I EWA Kent School District Site � -1 - fll rg �i sm JI - § m - r f � ��I�,;�; I � I °a � � � TIC- III K , ILE M r I,. LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 • E T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 5, 2004 To: Public Works Committee From: Tom Brubaker, City Attorney Regarding: Cable Television Conduits — Street Crossing & Mainline Distribution Conduits - Ordinance MOTION: I move to recommend that the City Council adopt the proposed ordinance which amends Section 7.10.040 of the Kent City Code regarding the installation of cable television conduits for street crossings and mainline distribution. SUMMARY: On November 15, 1982, the City Council enacted Ordinance No. 2376 which added a new section to the Kent City Code ("KCC)regarding the installation of underground cable television conduits. This ordinance is now codified as KCC 7.10.040, The intent of the ordinance was to encourage the provision and extension of cable television service, which was a new technology at that time. The ordinance required that developers and/or landowners install and pay for street crossing conduits and mainline distribution conduits at the same time they installed sewer or water utilities. This requirement precluded the necessity for disturbing streets, sidewalks, and alleyways when cable television service connections were extended to serve any residential development or building site. However, now that the technology is established and because the existing franchise requires the cable operator to provide nearly all City residents with cable availability, it is inconsistent with the franchise and no longer necessary to impose this requirement on landowners and developers. BUDGETIMPACT: None. I i 1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 7.10,040 of the Kent City Code in order to clarify the intent of the original i ordinance with respect to the installation of cable television street crossing conduits and mainline distribution conduits. i I RECITALS A. On November 15, 1982, the City Council enacted Ordinance No. 2376 which added a new section to the Kent City Code ("KCC") regarding the installation of underground cable television conduits. This ordinance is now codified as KCC 7.10.040. B. The intent of the ordinance was to encourage the provision of cable television service, which was a new technology at that time, to City residents. The ordinance required that developers and/or landowners install street crossing conduits and mainline distribution conduits at the same time they installed sewer or water utilities. This requirement precluded the necessity for disturbing streets, sidewalks, and alleyways when cable television service connections are extended to serve any residential development or building site. 1 Cable Television Conduits—Street C_Ossh;g&.Mainline Bistrlb. Conduits C. Now that technology is established and because the existing franchise requires the cable operator to provide nearly all City residents with cable availability, it is inconsistent with the franchise and no longer necessary to impose this requirement on landowners and developers. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 7.10.040 of the Kent City Code is amended as follows: Sec. 7.10.040. Cable television conduit. A. When a developer and/or landowner extends sewer or water utility mains to serve a residential development or building site, cable television conduits shall be laid underground at the same time as those other utilities. This will include only conduits that are to be installed between the curb lines within any City street. This-- ill include 1 the een&its needed for street e •gn and or rn •ii4i-ne distribution ofI, cable television thfeiaghot4 the development. All eend-tM ends shall be brought to eaeb individual i4J l e e 1: el to the final ground elo ea pp and nrrroa � B. The developer d/e landowner Clan abs absorb the east to „Wl stiell I required I 1.1 televisioa eeffa 't t h individual r or � .,eft, line which ..hide nduit trenching, .,d easements. I it BC. This section will preclude the necessity for disturbing streets, sidewalks, and alleyways when cable television service connections are extended to serve any residential development or building site. 2 Cable Television Conduits—Street Crossing a°c Mainline Eistrib. Conduits ''. CD. All conduits shall be installed according to cable television specifications and with the approval of the director of public works or his designee. SECTION 2. — Severabilih). If any one or more section, subsections, or� sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. —Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 3 Cable Television Conduits—Street Crossing&Alainline Distrib. Conu'uiis i i i PASSED: day of June, 2004. APPROVED: day of June, 2004. PUBLISHED: day of June, 2004. I I hereby certify that this is a hue copy of Ordinance No. i passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. I (SEAL) BRENDA JACOBER, CITY CLERK i 4 Cable Television Conduits—Street Crossing&Main flue Dlsirib. Cviidiiiis li